Do trademarks and patents remain in force after a company changes its legal form in Georgia?

Yes, because the company generally remains the same rights holder. However, changes to its name or legal form should be recorded in the Sakpatenti register.

How are intellectual property rights transferred in a company merger in Georgia?

The rights pass to the intended successor under the rules governing the reorganisation. The change of holder should then be documented in the intellectual property register using the reorganisation documents.

How should trademarks and patents be assigned in a company demerger in Georgia?

Each intellectual property right and pending application should be clearly assigned to one of the companies involved in the reorganisation plan. Any unclear assignments should be resolved before the register is amended.

Do intellectual property deadlines continue during a company reorganisation in Georgia?

Yes. Deadlines for fees, renewals and responses in ongoing proceedings are not automatically suspended by the reorganisation.

What documents does Sakpatenti require to amend a register after a reorganisation in Georgia?

Evidence of the effective reorganisation and the new company details or successor is required. The exact form of the documents depends on the intellectual property right concerned and the register procedure.

Continuity of Business Intellectual Property Rights After a Company Reorganisation in Georgia

A company’s trademarks, patents and designs in Georgia generally remain in force after a reorganisation, but they must be clearly assigned to the continuing or successor rights holder. Changes to the holder’s name or identity must be recorded in the relevant intellectual property registers.

Tip

Intellectual property rights generally remain in force, but after a reorganisation they need a clear holder assignment and accurate register details. A change of legal form usually affects the company’s name and legal form, while a merger or demerger may result in a change of rights holder. The restructuring does not suspend ongoing deadlines.

byMariam&Luka

Before the reorganisation, the company should prepare a complete inventory of its registered intellectual property rights and pending applications. The inventory should include registration and application numbers, rights holders, territorial coverage, terms, renewal dates, licences and existing encumbrances. In a change of legal form, the same company generally remains the rights holder, but its name and legal form may need to be updated in the Sakpatenti register. In a merger or demerger, the intellectual property rights should be assigned to the intended successor in accordance with the reorganisation plan. The legal transfer and register amendment should be evidenced by the reorganisation documents and a current extract from the company register. Pending trademark, patent or design applications must also be continued under the correct company details. A reorganisation does not suspend deadlines for fees, renewals or responses in ongoing intellectual property proceedings. Licence agreements, pledges and other third-party rights should be checked for notification, consent and correct identification of the new holder requirements. Internationally registered rights or rights protected abroad may require additional amendments in the relevant registers. After completion, the Sakpatenti records, internal intellectual property lists and contractual documents should be checked for consistency.